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MWBE PROGRAM

MWBE PROGRAM. Implementing the MWBE Program for the Aviation Capital Grant Program.

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MWBE PROGRAM

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  1. MWBE PROGRAM Implementing the MWBE Program for the Aviation Capital Grant Program

  2. Through Governor Cuomo’s Airport Capital Grant Program, the New York State Department of Transportation has made available up to $20 million for New York’s public-use airports. These projects will be one hundred percent state funded, and will address critical infrastructure needs and enhance economic competitiveness throughout the State. The Department is also committed to the implementation of New York State Executive Law Article 15-A which governs requirements for the participation of minority and women owned businesses (MWBEs) in State contracting.

  3. Presentation Agenda • Role of the Office of Civil Rights • MWBE Goals on State Funded Projects • Goal Waivers and Exclusions • Major Legislative Changes • State MWBE reporting requirements • Resources

  4. Role of theOffice of Civil Rights • The Office of Civil Rights (OCR) is responsible for the implementation of Article 15-A, the MWBE program, in addition to the following programs: • Federal Disadvantaged Business Enterprise Program (DBE) • Service Disabled Veteran Owned Business Program (SDVOB) • Title VI, Americans With Disabilities Act, and Limited English Proficiency Programs

  5. Role of the Office of Civil Rights With respect to the MWBE Program, the Office of Civil Rights serves as a liaison between NYSDOT program areas, regions, and sub-recipients (airport sponsors).

  6. Region, Program Area, and Local Program Compliance

  7. Role of the Office of Civil Rights Our activities include: • Providing program training and guidance to NYSDOT staff , regions, and sub-recipients • Reviewing Good Faith Effort activities • Reviewing and submitting goal waiver requests • Developing procurement strategies with specific program areas (construction, purchasing, contracts) to maximize opportunities to reach MWBEgoals • Assisting with MWBE solicitation campaigns • Attending outreach events with contractors and subcontractors to share information on upcoming contracting opportunities, and to promote NYSDOT programs and services

  8. MWBE GOALS on 100% State Funded Contracts All program areas and sub-recipients are responsible for placing goals on 100% State funded contracts. This requirement applies to : • Professional and nonprofessional services (Consultant Agreements) • Construction Contracts • Discretionary purchases While the statewide goal remains 30%, the MWBE regulations require agencies to establish agency specific goals . For the current fiscal year, the Department’s goal for construction contracts is 25%.

  9. MWBE GOALS on 100% State Funded Contracts The rationale for the 25% goal is based upon an analysis which included: • Consideration as to whether geographic location is material to completion of the contracts • Scope of work • Dollar value of work compared to dollar value of actual subcontracting opportunities • Ability and availability of MWBE firms to perform work • Historic utilization

  10. Waivers and Exclusions If a contractor cannot, after a good faith effort, comply with the MWBE participation requirements, the contractor should submit request for waivers to the program area (Aviation) and the program area should submit to OCR for concurrence and submission to the Executive Chamber

  11. MWBE Waiver • A waiver is a requestfor a reduced goal and shouldinclude: • A written application requesting a partial or total waiver of requirements • An explanation of the efforts undertaken • A copy of the solicitation log • A copy of the utilization plan

  12. MWBE Exclusion An exclusion is when a contract has a 0% goal and a written application requesting an exclusion should include: • An explanation of the efforts undertaken • A copy of the solicitation log • A copy of the search results from the MWBE Directory

  13. Appendix B of the agreement outlines the recommended goals and the recipient’s responsibilities and commitment to disadvantaged, minority and women owned business enterprise programs and to equal employment opportunity. APPENDIX Bof State and Local Agreement

  14. Significant changes MWBE Program In July of this year the Governor signed legislation that expanded and extended the MWBE program. Many provisions of the legislation simply codified current reporting practices. However the following provisions could have significant impacts on the program. • Personal Net Worth threshold increased from $3.5 million to $15 million. • Places greater emphasis on Commercially Useful Function for crediting

  15. Significant changes MWBE Program • Extends MWBE certification to 5 years • Requires contract level goal setting • Requires Agencies to notify MWBEs who are identified on winning contractor’s Utilization Plan. • Increases discretionary spending authority (without formal competitive bid) from $200k to $500k • Creates a Workforce Diversity Program • Extends program to 2024.

  16. Significant Changes MWBE Program Places in statute the following reporting requirements: • Total State spend • Total MWBE Utilization • Dollar value of prime contracts to MWBEs and SDVOBs • Waivers and Exclusions approved

  17. State MWBE Reporting Requirements NYSDOT uses EBO to monitor the activity on contracts and track information needed for reporting requirements. The benefits of EBO are: • internet based software program • paperless reporting • allows all stakeholders to continuously monitor a contract and to maintain all contract alterations (increases, decreases, new order on-contract information, etc.) • tracks contract changes • applies to all federal and state contracts • Contact your NYSDOT liaison to get assistance with accessing EBO

  18. FORMS: www.dot.ny.gov/divisions/operating/opdm/local-programs-bureau/multi-modal/forms REGISTRIES: DISADVANTAGED BUSINESS ENTERPRISE (DBE) Registry https://nysucp.newnycontracts.com/ MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE (M/WBE) https://ny.newnycontracts.com/ HELPFUL LINKS

  19. RESOURCES Empire State Development MWBE Homepage - http://esd.ny.gov/MWBE.html NYS Executive Law 15-a -http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO NYS MWBE Certified Directory – http://esd.ny.gov/MWBE/directorySearch.html EBO System Training – Username & Password is NYSDOT-MAINOFFICE www.ebotraining.com

  20. Questions?

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